Beyond the statute law: the “grey” government of criminal justice systems. History and Theory in the moderna age

The system always starts from the dogma of the principle of legality, however it is as if, along the way, principles and guarantees of primary importance begin losing grip and efficaciousness. This opaque «administrative-isation» of the penal systems therefore seems to deserve deeper reflection. That is why, in June 2010, we organised an Interlabo of the GERN (Groupe Européen de Recherche sur les Normativités) concerning a theme like this, proposing an exemplifying path aimed at outlining certain critical knots of the Italian experience seen from within the historical and theoretical perspective. The study of the grey areas in the penal systems built around the principle of legality, reveals a more complex and problematical landscape destined to maintain a precise meaning in the development of the penal system as well as justice in democratic societies. aimed at outlining certain critical knots of the Italian experience seen from within the historical and theoretical perspective. The study of the grey areas in the penal systems built around the principle of legality, reveals a more complex and problematical landscape destined to maintain a precise meaning in the development of the penal system as well as justice in democratic societies.